Session 1: The sources of English law Background: The main sources of law. The relationship between common law and equity, the doctrine of precedent, the concept of Parliamentary sovereignty, legislation and delegated legislation, civil and criminal liability, the English legal system, European law.Tutorial Questions:Explain the relationship between common law and equity.

Common Law sets out commonality between judgments based on historical precedents these prior judgments may be considered harsh and so plaintiffs had the right to throw themselves on the Kings mercy (Equity) to provide a more ethical judgement.Explain what is meant by the ratio decidendi "the rationale for the decision."

and the obiter dicta“Remarks of a judge which are not necessary to reaching a decision, but are made as comments, illustrations or thoughts.”How may a judge avoid a binding precedent?In binding precedent the situations judges do not have to follow previous decisions by either:

overruling a previous case

distinguishing a previous case.

What are the advantages and disadvantages of precedentHaving a universal system of judgments ensures that each individual is treated the same and ensures that individuals that operate within the context of those rulings can do so with safety. It also provides a benchmark and reduces interpretation. The down side is that judges have to adhere to these precedents when they cannot find a distinction and that the shear volume of these precedents can increase to further complicate the system. Further the antiquity of the precedent may make the ruling ludicrous or unjust.What do you understand by the term Parliamentary Sovereignty?Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. From the days of the Lord Protector – Good Old OllieHow is control over delegated legislation exercised?Control over delegated legislation is through parliament (via affirmative/ negative resolution procedures as well as through the scrutiny committee) controls over delegated legislation also exist through the courts (via judicial review and the doctrine of ultra vires) (ultra vires is to act beyond one's powers).

What are the advantages and disadvantages of delegated legislation?Allows those who are qualified to make the correct rules (but not legally Qualified), via their profession or appointment to set regulations. The down side is that these rulings can be more readily abused.Reading: Core text: Ch’s 1 & 2